Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1887-05-19
A SETTLER FROM COOLEY.
CERTAIN MISCONCEPTIONS REGARD
ING THE LIS. c. LAW CORRECTED
The Long-and- rt-Haul Clause Not Put
in for Fun-Railways Must BE Resigned
Under Necessary Sacrifices in Establish
ing the New Order of Things--The Situa-
ton Fully Explained.

tain cases, was sent ont Wednesday, addressed
10 }. ii. Hanley, traffic manager, Minneapolis
| * Northwestern Railway company:
DEAN SIR The commission is in receipt of a tel
eeram from YOU, by which you urge the prompt
| making ot an order for relief upon the application
| heretofore filed for the suspension of the long
and short haul clause, in so far as it affects. at
certain points. the business of the road under
| yoatr charge. You state and no doubt believe,
that the interests Of the road beng very
iously injured ny the enforcement of that clause
Judge Cooley then tells Mr. Hanley that
| the commission would be pleased to give his
road relief if they could, but are constrained
| 10 hold the application under advisement still
longer, and as the delay entities the railway
10 some statement of reasons, proceeds as fol
lows:
The fourth section of the "Act to regulate com
| merce. as We all very well understand was in
tended 10 establish the general law that more
| should not be charged for transportation for the
shorter than for the longer haul over the same
| iiH IN the same direction, under circumstances
and conditions substantially similar Railroad
| companies including your own-had before its
passage been accl'St pmed in many cases TO charge
! more for the shorter haul Judging for themselves
whether the circumstances and conditions author
lied or required it, Congress, in passing the act,
decided that the rule should thereafter preclude
tins greater charge and in so doing it must be IN
drrstood To have determined that in its Judgment
| any Incidental injuries that might flow from the
enforcement Of the general rule would I've more
| than commerbalanced by resulting ben,,fts
| The letter then says ihe act contemplates
| cases where, in furtherance of public interest
| the general rule should he suspended, hut sub
| mlts first, that the cases must he exception
al, or IN which the facts make them stand
| ri al n Z bas.
cases are not defined, it evidently intends that
| they shall be special and peculiar, and where
| only general reasons operate the general law
| shall he left to its course, however serious the
consequences may be to particular interests;
| second, that suspension must he basel upon
full Investigation OF the case which shall sat
| sty the commissioners that the case Is in fact
exceptional and fairly within the intent of the
provisions of the law; third, that it must he
assumed that congress intended the general
| law III its main feature to I've permanent for
| the whole country. and contemplated that
considerable Sicrfices would necessarily I've
| submitted 10 by some interests while the law
was in process OF OBSERVATION-DISCLOSURES
| that are a necessary consequence of intro
| ducing such great change i'll the conduct of
| the carving trade of the country. these sac
| rifices beng borne for the general good, and
| II they are greater than that general good
| demands it Is expected that remedy will in
| future he provided
| Referring to the many appeals made tn the
| commission for the suspension Of the long
and-short haul clause, the letter saws they
came from all parts of the country. and that
III many cases they seemed to be made on the
belief that the probability of injury was in
| itself sufficient warrant for Suspension of that
| clause THIS belief the letter saws, is without
warrant Of law in fact even the certainty of
| INJURY 10 corporations M individuals is NOT in
| itself sufficient tor suspension, and cunld not
| lie made ST without giving the commission
| more power than u consistent with sound
principles Of government If the law were
10 prove gene, ally mlSchievous, that fact
| would, instead of giving the commission
greater power give il less, because there
would then he no exceptional cases
| The letter then goes INTO long explanation
| Of why suspension has been granted in some
cases for limited time and in this connection
| informs Mr.. Hanley that his case has not been
| postponed because of action in other cases. as
| there many of them that his case has
not vet been reached in its regular order. The
matter Of liScertaining some rule Of action is
| adverted to and the letter saysthe commission
proposed II supplement what guidance could
be obtained 10y the debate in congress on the
| bill by study of the system intended 10 he
| dealt with To this end the Investigations 50
| Tar made have been entered upon. and it is
| believed that this course Is best calculated to
| secure the mnst excellent results The INQUIRY
affords opportunities not only to those in favor
! NJ suspension, hut to those opposed. to he
| hcar'i, and 10y this means the commission he
| cnme- possessed of facts that VIII enable II to
! hctt"r Judge where CASES fall under the rule vi
| exceptions, This would require much time.
AMI the commission made some temporary
| orders after inquiries which We're not as tull
! A. desirable. hecauSe II they mad applied the
la" rig'lly until full inquiry was made much
more trouble would have resulted The letter
! concludes as follows
| Nou speak strongly and earnestly of the reasons
/ for granting your application, but in order to
| "uTrant IL being granted il is not enough that
| tho application. if considered nv itself appears
! II hive merits The commission must CONSIDER in
| each ease What effect the giving of relief to one
anplicaut will have upon other int.'r,S1s and your
| knowledge Of railroad matters nust enable you
| . perceive that M some sections Of the country
ihr granting OF application NAV so affect the
| Interests ot other roads to necessity
| f"f the like relief TO several more the SatisfaC-
| ton Of one complaint begetting others which
ar equally me1toriouS, until, if all are
| satisfied, the exception becomes the
! rule. Rut when such result is probable the rea-
| sons for declining 10 make any temporary order
are very conclusive The commission can not
| consent deliberately to enter upon a highway
where, to all appearances thers will he no halt
| ing place within the limits of lis lawful i,Irisdic
ton II a general suspension Of the long and
ShOI1 haul clause Of the statute is not Ia he made
| by i single comprehensive order neither should
! the same result I've reached or approached by he
| granting Of successive orders in individual cases
| In whatever the commission may do il must keep
| in view the preservation Of the general rule
In another short paragraph Judge Cooley
| tells Mr.. Hanley that this letter is not in
tended toexpress any opinion upon his applica-
ton, as the case has not been reached and no
| decision, Of course, arrived at, but merely to
| give him some of the reasons which have so
far precluded definite action An expression
of regret that injury should result to any in
terest follows, with an assurance that as
prompt action as possible will be taken. and
the statement that the letter expresses the
UNANIMOUS opinion of the commission
No Bonanza for Bartlett at Chicago.
! WASHINGTON CITY, NAV l9-Acting Com
missioner Stocksager, of the general land
office, has refused the application of Lester A.
| Bartlett TO locate with Girard scrip certain
lands on the lake front in the city of Chicago
for the reason that there are no public lands
of the United States in the city of Chicago
that are subject to entry under general laws
and consequently none that can be appropri-
ated by scrip locations or floating rights of
entry of auy character.
Much-Sought Place Given Out.
WASHINGTON CITY, May l9-The president
has appointed Jared Lawrence Rathbone to
be consul general of the United States at
Paris, vice Consul Walker, resigned. Mr.
/ Ratbbone is wealthy and influential resident
of California, and was recommended fy Sen
ator Hearst and large number of leading
| Democrats of the Pacific coast. Born in Al